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Jurisdiction of civil public interest litigation

Liu** Shandong Yantai Administrative litigation consultation 2020.09.27 20:10:46 384 people read

Civil public welfare litigation Of have jurisdiction over

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Region: Sichuan Chengdu

According to your answer to the question below, in the case of civil public interest litigation initiated by the People's Procuratorate, the people's procuratorate of the city (branch or prefecture) where the tort was committed, where the damage was caused, or where the defendant was domiciled, generally has jurisdiction over the people's procuratorate that has jurisdiction and is unable to exercise jurisdiction due to special reasons, The people's procuratorate at a higher level should designate the people's procuratorate in other pilot areas in the region to have jurisdiction over the case that the people's procuratorate at a higher level deems necessary and can handle the case that the people's procuratorate at a lower level deems necessary to be handled by the people's procuratorate at a higher level, If the people's procuratorate at a higher level can be reported to handle the civil public interest litigation cases under its jurisdiction that the people's procuratorate with jurisdiction deems it necessary to hand over to the people's procuratorate at a lower level for handling, it shall report to the people's procuratorate at a higher level for approval. Therefore, the people's procuratorate at a higher level should be reported to the people's procuratorate at a higher level for approval, If there is no qualified subject or the qualified subject does not bring a lawsuit, you can bring a civil public interest lawsuit to the people. If you still have any questions, you are welcome to consult lawyers on this website

2020-09-27 20:11:46 Reply

Hello, my answer to the question of the regulations on the jurisdiction of civil public interest litigation is as follows
Civil public interest litigation cases of the first instance shall be under the jurisdiction of the intermediate people in the place where the infringement occurred, where the damage was caused, or where the defendant has his domicile, unless otherwise specified by law or judicial interpretation
1. When the people's court tries a civil public interest litigation case brought by the people's procuratorate, the defendant's counterclaim request shall not be accepted
2. When a people's court tries a civil public interest litigation case of first instance initiated by the People's Procuratorate, if in principle the people's jury system is applied for trial by a party and the people's jury system is not applied for trial, the people may, after examination, decide not to apply for trial by the people's jury system
3. After the people's procuratorate and the defendant have reached a settlement agreement or mediation agreement, the people shall publish the contents of the agreement. After the expiration of the public announcement period of not less than 30 days, the people's court shall issue a mediation statement if it considers that the contents of the settlement agreement or mediation agreement do not harm social and public interests after examination
4. If the People's Procuratorate applies for withdrawal of the case before the end of the court debate, or if all the claims of the People's Procuratorate are realized after the end of the court debate, the application for withdrawal of the case shall be granted
5. For the judgments and rulings of civil public interest litigation made by the people, the parties shall file an appeal according to law, the people's procuratorate shall file a protest according to law, or other parties shall apply for retrial according to law and comply with the Civil Procedure Law
Article 200 The case shall be tried in accordance with the procedure of second instance and the procedure of trial supervision as stipulated in the Civil Procedure Law

If the people's procuratorate at a higher level deems it necessary, it may handle cases under the jurisdiction of the people's procuratorate at a lower level. If the people's procuratorate at a lower level deems it necessary for the people's procuratorate at a higher level to handle the matter, it may report to the people's procuratorate at a higher level. If the people's procuratorate with jurisdiction deems it necessary to transfer the civil public interest litigation cases under its jurisdiction to the people's procuratorate at a lower level, it shall report to the people's procuratorate at the next higher level for approval.

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